PRESS STATEMENT: Former Prime Minister Tuilaepa Sailele Malielegaoi says the call by the country’s Chief Justice, Satiu Simativa Perese, for an independent budget for the judiciary is as audacious as his recent court decisions.
Local media reports say CJ Satiu made the call last Friday during the launch of a publication on guidelines for court reporting, aimed at the country’s media practitioners.
Satiu pointed out that as the courts are independent of the other two arms of government, then the judiciary should have its own place in the nation’s budget to run its operations “independent of the Executive and Parliament.”
Tuilaepa says the call by CJ Satiu is “about as independent as the decisions he has recently been involved in, which have shattered our dependence on our Constitution, the Supreme Law of this country.”
The Human Rights Protection Party leader, who has seen his fair share of annual budgets in his more than 40 years in Parliament, says an allocation of funds for use by the judiciary as they see fit is an open invitation for the misuse of scarce resources of this nation, certainly this priviledge cannot guarantee truly independent court rulings.
“For instance, under the judiciary under the system proposed will be free to raise their own salaries above the salary classification set by government for all public servants to ensure relativity of salaries, or even spend monies unnecessarily like taking expensive retreats in expensive hotels in Savaii with members of their families, or engage costly legal consultant friends from overseas to do their work for them,” he said.
“So, if the government of the day gives in to the CJ’s wishes, would that ensure judiciary support for them in decisions that are likely to go against government? That is most certainly open to corruption in my view,” said Tuilaepa.
Speaking to Maota Samoa Radio in Sydney on Sunday evening, Tuilaepa clarified that each of the three arms of government present their annual budgetary needs for the Ministry of Finance which will then allocate funds to each ministry on the basis on the priorities set by government and the revenues expected to be collected during the fiscal year.
“All other needs of lesser priority are postponed to the future years. This system has workd well for Samoa since 1962.
Tuilaepa is adamant that the arrangement proposed by Satiu should not be allowed to happen.
“The CJ gives no precedence for this call, much like his decisions of late”.